This Article shall be known as the Aquatic Weed Control Act
of 1991. (1991, c. 132.)

§ 113A-221. Definitions.

Unless a different meaning is required by the context, the following
definitions shall apply throughout this Article:

(1)
"Department" means the Department of Environment and Natural
Resources.

(2)
"Secretary" means the Secretary of Environment and Natural Resources
or his designee.

(3) "Noxious
aquatic weed" means any plant organism so designated under this Article.

(4) "Waters of
the State" means any surface body or accumulation of water, whether
publicly or privately owned and whether naturally occurring or artificially
created, which is contained within, flows through, or borders upon any part of
this State. (1991, c. 132, s. 1; 1997-443, s.
11A.119(a).)

§ 113A-222. Designation of noxious aquatic weeds.

(a) The Secretary,
after consultation with the Director of the North Carolina Agricultural
Extension Service, the Wildlife Resources Commission, and the Marine Fisheries
Commission, and with the concurrence of the Commissioner of Agriculture, may
designate as a noxious aquatic weed any plant organism which:

(1) Grows in or is
closely associated with the aquatic environment, whether floating, emersed,
submersed, or ditch-bank species, and including terrestrial phases of any such
plant organism;

(2) Exhibits
characteristics of obstructive nature and either massive productivity or
choking density; and

(3) Is or may become
a threat to public health or safety or to existing or new beneficial uses of
the waters of the State.

(b) A plant
organism may be designated as being a noxious aquatic weed either throughout
the State or within specified areas within the State.

(c) The Secretary
shall designate a plant organism as a noxious aquatic weed by rules adopted
pursuant to Chapter 150B of the General Statutes.

(d) The Secretary may
modify or withdraw any designation of a plant organism as a noxious aquatic
weed made previously under this section. Any modification or withdrawal
of such designation shall be made following the procedures for designation set
out in this section. (1991, c. 132.)

§ 113A-223. Powers and duties of the Secretary.

(a) The Secretary
shall direct the control, eradication, and regulation of noxious aquatic weeds
so as to protect and preserve human health, safety, and the beneficial uses of
the waters of the State and to prevent injury to property and beneficial plant
and animal life. The Secretary shall have the power to:

(1) Conduct research
and planning related to the control of noxious aquatic weeds;

(2) Coordinate
activities of all public bodies, authorities, agencies, and units of local
government in the control and eradication of noxious aquatic weeds;

(3) Delegate to any
public body, authority, agency, or unit of local government any power or duty
under this Article, except that the Secretary may not delegate the designation
of noxious aquatic weeds;

(4) Accept
donations, grants, and services from both public and private sources;

(5) Enter into
contracts or agreements, including cost-sharing agreements, with public or
private agencies for research and development of methods of control of noxious
aquatic weeds or for the performance of noxious aquatic weed control
activities;

(6) Construct,
acquire, operate, and maintain facilities and equipment necessary for the
control of noxious aquatic weeds; and

(7) Enter upon
private property for purposes of conducting investigations and engaging in
aquatic weed control activities.

(b) The Secretary
may control, remove, or destroy any noxious aquatic weed located in the waters
of the State or in areas adjacent to such waters wherever such weeds threaten
to invade such waters. The Secretary may employ any appropriate control
technology which is consistent with federal and State law, regulations, and
rules. Control technologies may include, but are not limited to drawdown
of waters, application of chemicals to shoreline and surface waters, mechanical
controls, physical removal from transport mechanisms, quarantine of transport
mechanisms, and biological controls. Any biological control technology
may be implemented only after the environmental review provisions of the State
Environmental Policy Act have been satisfied.

(c) In determining
the appropriate strategies and technologies, the Secretary shall consider their
relative short-term and long-term cost-efficiency and effectiveness, consistent
with a margin of safety adequate to protect public health and the resources of
the State.

(d) All activities
carried out by the Secretary, his designees, and others authorized to perform
any function under this Article shall be consistent with all applicable federal
and State law, regulations, and rules. (1991, c. 132.)

§ 113A-224. Powers of the Commissioner of Agriculture.

(a) The
Commissioner of Agriculture may regulate the importation, sale, use, culture,
collection, transportation, and distribution of a noxious aquatic weed as a
plant pest under Article 36 of Chapter 106 of the General Statutes.

(b) This Article
shall not be construed to limit any power of the Commissioner of Agriculture,
the Department of Agriculture and Consumer Services, or the Board of
Agriculture under any other provision of law. (1991,
c. 132, s. 1; 1997-261, s. 109.)

§ 113A-225. Responsibilities of other State agencies.

All State agencies shall cooperate with the Secretary to
assist in the implementation of this Article. (1991,
c. 132.)

§ 113A-226. Enforcement.

(a) Any person who
violates this Article or any rule adopted pursuant to this Article shall be
guilty of a Class 2 misdemeanor for each offense.

(b) Whenever there
exists reasonable cause to believe that any person has violated this Article or
rules adopted pursuant to this Article, the Secretary may request the Attorney
General to institute a civil action for injunctive relief to restrain the
violation. The Attorney General may institute such action in the name of
the State upon relation of the Department in the superior court of the county
in which the violation occurred. Upon a determination by the court that
the alleged violation of the provisions of this Article or of rules adopted
pursuant to this Article has occurred or is threatened, the court shall grant
the relief necessary to prevent or abate the violation or threatened
violation. Neither the institution of the action, nor any of the
proceedings thereon shall relieve any party to such proceedings from any
penalty otherwise prescribed for violations of this Article. (1991, c. 132, c. 761, s. 20; 1993, c. 539, s. 877; 1994,
Ex. Sess., c. 24, s. 14(c).)

§ 113A-227. Adoption of rules.

The Secretary may adopt rules necessary to implement the
provisions of this Article pursuant to Chapter 150B of the General Statutes. (1991, c. 132.)